SCHEDULE 4 Removal of Asylum Seeker to Safe Country
Nationality and Borders Act 2022 (2022 c 36) | Legislation

SCHEDULE 4 Removal of Asylum Seeker to Safe Country

Section 29

Amendments to section 77 of the Nationality, Immigration and Asylum Act 2002

1

In section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending), after subsection (2) insert—

“(2A)     This section does not prevent a person being removed to, or being required to leave to go to, a State falling within subsection (2B).

(2B)     A State falls within this subsection if—

(a)     it is a place where a person's life and liberty are not threatened by reason of the person's race, religion, nationality, membership of a particular social group or political opinion,

(b)     it is a place from which a person will not be removed elsewhere other than in accordance with the Refugee Convention,

(c)     it is a place—

(i)     to which a person can be removed without their Convention rights under Article 3 (no torture or inhuman or degrading treatment or punishment) being contravened, and

(ii)     from which a person will not be sent to another State in contravention of the person's Convention rights, and

(d)     the person is not a national or citizen of the State.

(2C)

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